The purpose of the proposed rule is to adopt the revised Tomato Best Practices manual and associated documents. The effect will be revised food safety standards for the producing, harvesting, and packing of tomatoes in Florida.

 

DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES

Division of Fruit and Vegetables

RULE NO.:RULE TITLE:

5G-6.009Tomato Best Practices Manual

PURPOSE AND EFFECT: The purpose of the proposed rule is to adopt the revised Tomato Best Practices manual and associated documents. The effect will be revised food safety standards for the producing, harvesting, and packing of tomatoes in Florida.

SUMMARY: The proposed rule adopts the revised Tomato Best Practices Manual and other associated documents.

SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS AND LEGISLATIVE RATIFICATION:

The Agency has determined that this will not have an adverse impact on small business or likely increase directly or indirectly regulatory costs in excess of $200,000 in the aggregate within one year after the implementation of the rule. A SERC has not been prepared by the agency.

The Agency has determined that the proposed rule is not expected to require legislative ratification based on the statement of estimated regulatory costs or if no SERC is required, the information expressly relied upon and described herein: The Department’s economic analysis of the adverse impact or potential regulatory costs of the proposed rule did not exceed any of the criteria established in Section 120.541(2)(a), Florida Statutes. As part of this analysis, the Department relied upon number of tomato farms, tomato greenhouses, tomato packinghouses, and tomato repackers registered with the Department and an estimated cost of compliance with the Tomato Best Practices Manual based on information obtained by the Department. Many of the revisions to the Manual are clarifying in nature, which will not impose additional regulatory costs to the industry above what is required in the current rule.

Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.

RULEMAKING AUTHORITY: 500.09(1)(b), (4), 500.12(1)(f), 500.70(2), (4)(a), (7), 570.07(6), (10), (23) FS.

LAW IMPLEMENTED: 500.09(1)(b), (4), 500.12(1)(f), 500.70(2), (4)(a) FS.

IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN THE FAR.

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Mr. Travis Tucker, Director

Division of Fruit and Vegetables, 500 3rd Street NW, Winter Haven, FL 33881, [e-mail]

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

5G-6.009 Tomato Best Practices Manual.

(1) The Tomato Best Practices Manual (FDACS-P-01580, Rev. 10/13) (DACS-P-01580, Rev.10/08) is hereby incorporated by reference and contains the specifications of the Tomato Good Agricultural Practices (T-GAP) and the Tomato Best Management Practices (T-BMP). Copies of the manual may be obtained by contacting the Florida Department of Agriculture and Consumer Services, Division of Fruits and Vegetables, P. O. Box 1072, Winter Haven, Florida 33881-3403, [phone] or online at http://www.flrules.org/Gateway/reference. obtained electronically through the following website: http://www.freshfromflorida.com/onestop/fruit/tomato.html. The following federal regulations referenced in the Tomato Best Practices Manual (FDACS-P-01580, Rev. 10/13) (DACS-P-01580, Rev. 10/08) refers to the following Federal regulations which are hereby adopted and incorporated by reference and are available online as indicated: 21 CFR § 110 (2008); 21 CFR § 178.1010 (2008); 29 CFR § 1928.110 (2008); 40 CFR § 131.41(c) (2008); and 40 CFR § 141.63 (2008) which are available at http://www.access.gpo.gov/nara/cfr/cfr-table-search.html.

(a) 21 CFR § 110 (2013), http://www.flrules.org/Gateway/reference;

(b) 21 CFR § 178.1010 (2013), http://www.flrules.org/Gateway/reference;

(c) 29 CFR § 1928.110 (2013), http://www.flrules.org/Gateway/reference;

(d) 40 CFR § 131.41(c) (2013), http://www.flrules.org/Gateway/reference;

(e) 40 CFR § 141.63 (2013), http://www.flrules.org/Gateway/reference.

(2) The Commodity Specific Food Safety Guidelines for the Fresh Tomato Supply Chain, 2nd Edition (July 2008), is hereby adopted and incorporated by reference with the exception that on page 18, Chapter VI.4.a.vii., all preharvest agricultural water sources used in greenhouse production for non-foliar irrigation shall meet the standard for E.coli in recreational waters contained in 40 CFR § 131.41(c) (2013) (2008). The Commodity Specific Food Safety Guidelines for the Fresh Tomato Supply Chain, 2nd Edition (July 2008) is available online at http://www.flrules.org/Gateway/reference. The Guidelines document was developed by the North American Tomato Trade Working Group composed of the United States, Canada, and Mexico and is recognized in the Tomato Best Practices Manual as guidance for good agricultural practices. A copy may be obtained electronically through the following website: http://www.floridatomatoes.org/ Tomato_Guidelines July08_FINAL.pdf. The following federal regulations referenced in the Commodity Specific Food Safety Guidelines for the Fresh Tomato Supply Chain, 2nd Edition (July 2008) refers to following Federal regulations which are hereby adopted and incorporated by reference and are available online as indicated: 21 CFR 173.315; and 21 CFR Chapter 1, Subpart J (1.326-1.368) (2008) which are available at http://www.access.gpo.gov/nara/cfr/cfr-table-search.html.

(a) 21 CFR 173.315 (2013), http://www.flrules.org/Gateway/reference;

(b) 21 CFR Chapter 1, Subpart J (1.326-1.368) (2013), http://www.flrules.org/Gateway/reference.

Rulemaking Authority 500.09(1)(b), (4), 500.12(1)(f), 500.70(2), (4)(a), (7), 570.07(6), (10), (23) F.S. Law Implemented 500.09(1)(b), (4), 500.12(1)(f), 500.70(2), (4)(a), F.S. History–New 4-16-08, Amended 11-24-09,              .

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Travis Tucker, Division Director

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Commissioner of Agriculture Adam H. Putnam

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: December 13, 2013

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: July 17, 2013